‘Tough luck’: The Supreme Court just took a new bite out of Biden’s agencies’ powers

The Supreme Court's ruling "could threaten EPA's enforcement program as we know it" said Kevin Minoli, a former acting general counsel at the agency. | Mark Schiefelbein/APis threatening to unleash chaos throughout the federal government, creating uncertainty about the limits on agencies’ power to punish law-breakers.held that the Constitution’s 7th Amendment guarantee to a trial by jury applies when the SEC seeks civil penalties for securities fraud.

EPA Administrator Michael Regan told reporters on Thursday that he was still digesting the news and that agencies across the federal government would have to figure out its impact. The National Labor Relations Board and Department of Labor also make extensive use of their so-called administrative law judges and are facing ongoing litigation of their own, though some legal experts said the pair may not be as affected by Thursday’s ruling as other federal agencies.

Roberts argued his ruling is relatively narrow — but in her dissent, Justice Sonia Sotomayor said the results will be “earthshattering” and “a massive sea change.” “The agency and ultimately courts will have to decide if the regulatory regime being enforced is more akin to common law or whether it is wholly new” and thus not the kind of law for which the Constitution guarantees a jury trial, like the OSH Act, Bodine said.One is whether a defendant could choose to undergo administrative enforcement proceedings instead of a judicial case.

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Supreme Court sends dispute over Arkansas' GOP-drawn congressional map back to lower courtLawrence Hurley covers the Supreme Court for NBC News.
Source: NBCNewsHealth - 🏆 707. / 51 Read more »

Supreme Court sides with Starbucks, makes it harder for NLRB to win court ordersThe justices tightened the standards for when a federal court should issue an order to protect the jobs of workers during a union organizing campaign.
Source: komonews - 🏆 272. / 63 Read more »

Trump campaign reacts to bump stock Supreme Court decision: ‘The court has spoken’Former President Donald Trump's campaign supported the Supreme Court's decision to strike down a Trump administration ban on 'bump stocks,' which enable semiautomatic weapons to fire rounds faster.
Source: dcexaminer - 🏆 6. / 94 Read more »

The one court that even the Supreme Court sees as going too farSteve Benen is a producer for 'The Rachel Maddow Show,' the editor of MaddowBlog and an MSNBC political contributor. He's also the bestselling author of 'The Impostors: How Republicans Quit Governing and Seized American Politics.'
Source: MSNBC - 🏆 469. / 51 Read more »

Oklahoma Supreme Court court rejects proposed religious public charter schoolThe state Supreme Court said the first-of-its-kind school, approved last year by the charter school board, violated the state and U.S. constitution.
Source: adndotcom - 🏆 293. / 63 Read more »

How the Supreme Court Could Use the Pardon Power to Create an Imperial PresidencyThe high court’s decision in the Trump immunity case appears to set the stage for future abuses of the pardon power.
Source: politico - 🏆 381. / 59 Read more »